What are the rules for extending time in ex parte reexamination proceedings?

The rules for extending time in ex parte reexamination proceedings are as follows:

• Extensions under 37 CFR 1.136 are not permitted in ex parte reexamination proceedings.
• Extensions of time are provided for in 37 CFR 1.550(c).
• Any request for an extension must specify the requested period of extension and be accompanied by the petition fee set forth in 37 CFR 1.17(g).
• In third-party requested reexaminations, requests must be filed on or before the day on which action by the patent owner is due, and will not be granted in the absence of sufficient cause or for more than a reasonable time.
• In patent owner requested or Director ordered reexaminations, requests for up to two months from the time period set in the Office action can be filed without showing sufficient cause (“no cause” extensions).

As stated in the MPEP: “Extensions of time under 37 CFR 1.136(a) will not be permitted in these proceedings because the provisions of 37 CFR 1.136 apply only to ‘an applicant’ and not to parties in a reexamination proceeding. Additionally, 35 U.S.C. 305 requires that reexamination proceedings ‘will be conducted with special dispatch’ (37 CFR 1.550(a)). Extensions of time in ex parte reexamination proceedings are provided for in 37 CFR 1.550(c).“

To learn more:

• ex parte reexamination
• extension of time
• patent law
• USPTO procedures